R.R.Prasad, J. - (1.) The appellant, Santosh Kumar Paswan, was arrayed as A3 before the 7th Additional Sessions Judge, Palamau in Sessions Trial No. 443 of 1996. Two other accused, Raghunath Ram Kahar and Akalu Ram, were also arrayed as Al and A2 along with the appellant, who was arrayed as A3.
(2.) The allegation against the appellant is that he joining with Raghunath Ram Kahar, Akalu Ram and others formed an unlawful assembly and in furtherance of the common object of the said unlawful assembly, the members of the said unlawful assembly shot at Upendra Ram (Dl) and his mother, Jagmani Devi (D2) at about 9.00 p.m. on 19.4.1995. The Trial Judge, while acquitting Raghunath Ram Kahar and Akalu Ram, found the appellant alone guilty under Section 302 read with Section 149 of the Indian Penal Code and he was sentenced to undergo imprisonment for life. He was also directed to pay a fine of Rs. 5,000/- and in default of payment of fine, to further undergo rigorous imprisonment for one year with a further direction that the fine amount, if collected, will be paid to Sarita Kumari, the daughter of D2.
(3.) The case of the prosecution is as follows: On 19.4.1995 at about 9.00 p.m. PW 2, Suneshwar Ram, was sitting in the courtyard of his house and he was taking food. His son, Upendra Ram (Dl) and his wife, Jagmani Devi (D2) were also sitting with him. At 9.00 p.m., PW 9, Saryu Choudhary knocked the door and informed Dl, Upendra Ram, that five persons are searching for his father, Dl advised his father not to go. He went out of the house. On finding Dl, the five persons asked him about the whereabouts of his father. In the meantime, Jagmani Devi, D2, also reached the place. The five persons took Dl towards south. D2 followed them. PW 2 also came out of the house by opening the door which was on the rear side. He also followed them. After taking Dl to some distance, Dl was once again asked about the whereabouts of his father. D2 intervened at that stage and requested the five persons to leave her son. One of the persons in the group demanded Rs. 5.000/- from D2. D2 promised to pay the said amount but at that stage one of the persons in the group asked the others to open fire. One of them opened fire with his pistol. The bullet hit Dl and he fell down. D2 was also shot at by another person. Thereafter, all the five persons left the place. The occurrence was witnessed by PW1, the daughter of D2, PW 2 and also by PW 7, Sumer Ram, who is the brother of PW 2. Fardbeyan, Ext. 1, was given at the police station at 6.45 a.m. on 20.4.1995 against unknown persons by PW 1. The same was registered as a crime and investigation was taken up by PW 15, Prem Sunder Prasad. He reached the scence of occurrence and conducted inquest. The inquest report prepared in respect of Dl is Ext.3 and the inquest report, in respect of D2, is Ext. 3/1. Thereafter, the two dead bodies were sent to the hospital for post-mortem.;